LAU MOON-TONG v. THE QUEEN

CACC000519/1978

 

IN THE SUPREME COURT	Criminal Appeal
	1978 No.519

 

BETWEEN:
	LAU Moon-tong	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 17th June, 1978

 

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JUDGMENT

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1. The appellant pleaded guilty to careless driving and to driving a vehicle with two defective front tyres. One was described as "bald" and the other as badly worn. He was fined $100 for the first offence and $200 for the second. In addition, he was disqualified from driving for six months on the defective tyres charge. He appealed against the order of disqualification.

2. The appellant was employed as a driver and the vehicle that he was driving when he committed the offences with which he was charged belonged to his employer. He was in a dilemma because if he refused to drive his employer's vehicle he faced dismissal by his employer. On the other hand, by driving the vehicle with defective tyres he laid himself open to prosecution.

3. It is unusual to disqualify a person found guilty of driving a vehicle with defective tyres but I do not think it wrong in principle. However, I have some sympathy for the appellant in view of the dilemma with which he was faced. I think justice will best be done if I allow this appeal against sentence to the effect that the disqualification be lifted as from to-day's date (June 17th, 1978).

 

 

	(Geoffrey Briggs)
	Chief Justice

 

Representation:

Appellant in person

Alderdice for the Crown/Respondent